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Tyler Mains, CPA/ABV, Managing Director and Demetri Pazarentzos, Director for their article. Check out bios on Tyler or Demitri via the Lazear Capital Partners website. An Employee Stock Ownership Plan (ESOP) is a great solution for owners of construction companies looking to diversify their personal wealth, develop a succession plan, and/or seek an avenue to reward their employees. However, there are many factors to consider when a company who utilizes bonding is exploring or undertaking an ESOP. Because the surety relationship is vital to the operations and long-term success of many contractors, it is important to partner with the surety early in the ESOP process. The surety is focused on supporting a company’s current and future bonding needs, while reducing or mitigating any potential risk. A leveraged ESOP can cause changes to the structure of a company’s balance sheet as a result of the likelihood of additional debt used to assist in financing the ESOP transaction. If the transaction and associated financing is structured correctly, the perfect balance of financial benefits to company owners, significant upside for key management and employees, and a favorable structure for both the surety and the lender can be achieved. The following items should be considered for companies with surety relationships during an ESOP formation:

1. Advisors – surrounding the company with knowledgeable advisors who are well-versed in both the construction industry and ESOP transactions is key to ensuring a favorable transaction structure that maximizes benefits for the company owners, while maintaining flexibility for the company post-closing.
2. Bank and Surety – running a parallel track with open communication to understand each stakeholders concerns or needs (i.e., “giving a seat at the table” early in the ESOP transaction process) leads to a structure that provides adequate financing to consummate the transaction, significant flexibility to support future working capital and capital expenditure requirements of the company, and maintains ample balance sheet strength to support ongoing bonding needs.
3. Current Bonding Program – evaluating the following items of a company’s bonding program is important to aid in the surety’s analysis of bonding needs moving forward, which can have a significant impact on the surety’s comfort level in regards to balance sheet changes and financing proposed in the ESOP transaction: - Individual and aggregate project bonding limits - Accounts receivable and projects currently bonded (remaining work to be completed vs. total contract value) - Makeup of bonded vs. unbonded projects in backlog and pipeline - The timing and phases of bonded projects (planning/design phase vs. true construction underway) - Current and future working capital and equity levels (as adjusted for specific components found in an ESOP structure)
4. Managing Personal and Corporate Guarantees – with owners of the company transitioning their ownership to the ESOP trust, special consideration to current and future guarantees required should be discussed during the transaction. An understanding of expectations of the bank or surety regarding guarantees and changes to these requirements (and the timing of these potential changes) is key to mitigating personal exposure for owners who may no longer have an ownership stake in the company.

Overall, a surety is focused on the continuity of the business, with particular attention to adequate financial strength and liquidity and management retention post-ESOP transaction. When structured correctly, an ESOP can be a powerful tool to aide in the long-term succession plan for construction companies and make an extremely positive impact on the lives of employees, key management, and company owners. Additionally, an ESOP-owned company can provide productivity improvements, tax benefits, and a clear competitive advantage in the labor market, all of which can be expected to drive financial performance. Our professionals are here to advise you on structuring a favorable ESOP transaction with lenders and your surety, while maximizing benefits for selling company owners.  " target="_blank">Four Considerations for Construction Companies Exploring or Undertaking an ESOP

Alexander Bagne, CPA, JD, MBA, CCSP is the President of ICS Tax, LLC, and an expert in tax planning strategies for real estate investors, architecture and engineering firms, and others within the construction industry. He is a strong proponent of energy efficient construction and has served as the President of the American Society of Cost Segregation Professionals (ASCSP). This article was re-published from ICS-tax.com ‘The Inflation Reduction Act Significantly Changes the 179D Energy Efficient Commercial Building Deduction’" target="_blank">Section 179D Energy Efficient Commercial Building Deduction

The Inflation Reduction Act of 2022, H.R. 5376, signed by President Biden on August 16, 2022, extended the 45L credit for homes sold or leased during 2022 with little modification. Thus, residences sold or leased in 2022 would qualify for the 45L credit using the 2021 energy efficiency standards. However, from January 1, 2023 through December 31, 2032, the Act significantly changes the 45L Energy Efficient Home Credit with new provisions and requirements. Beginning in 2023, the Act provides an increased 45L tax credit of $2,500 for single family and manufactured homes when constructed according to the standards set by the ENERGY STAR Residential New Construction Program or the Manufactured Homes Program.

• Single-family homes must meet the ENERGY STAR Single Family New Homes Program, Version 3.1 for homes constructed before January 1, 2025 and Version 3.2 thereafter.
• Manufactured homes must meet the latest ENERGY STAR Manufactured Home National Program requirements as in effect on the latter of January 1, 2023 or January 1 of two calendar years prior to the date the dwelling is acquired.

The Act also provides an even higher 45L tax credit of $5,000 for single family and manufactured homes when they are certified as a DOE Zero Energy Ready Home (ZERH). For multifamily homes constructed after 2022, the Act provides a 45L tax credit of $500 when meeting the ENERGY STAR Single Family New Homes Program or $1,000 when meeting the DOE Zero Energy Ready Home requirements. If prevailing wage requirements are also satisfied, the credit for multifamily homes increases to $2,500 or $5,000, respectively. The table below summarizes the 45L Credit rules beginning in 2023.

Home Type	Qualification Requirement	Prevailing Wage Requirement	Credit Amount
Single Family*	EnergyStar	No	$2,500
Single Family*	ZERH	No	$5,000
Manufactured Home	EnergyStar	No	$2,500
Manufactured Home	ZERH	No	$5,000
Multifamily	EnergyStar	No	$500
Multifamily	ZERH	No	$1,000
Multifamily	EnergyStar	Yes	$2,500
Multifamily	ZERH	Yes	$5,000
*Single Family includes site-built and modular single family homes, duplexes and townhomes.

The Inflation Reduction Act of 2022 has certainly raised the standards for energy efficient home construction with a persuasive tax credit for the next ten years.

This article was re-published from ICS-tax.com ‘The Inflation Reduction Act: Impact on §45L Tax Credit’

About the Author:

Alexander Bagne, CPA, JD, MBA, CCSP is the President of ICS Tax, LLC and an expert in tax planning strategies for real estate investors and developers. He is a proponent of energy efficient construction and has served as the President of the American Society of Cost Segregation Professionals (ASCSP).

" target="_blank">The Inflation Reduction Act: Impact on §45L Tax Credit

construction accounting that will help increase job profitability, manage cash flow, and successfully grow your business.

#1 USE JOB COSTING

At the end of each day, a contractor needs to use job costing to allocate the cost of equipment, tools, and other assets used on a job (e.g., the cost of owning, operating, and maintaining that asset) to keep score of their jobs and business overall. Any easy way to do this is through a robust construction accounting software solution, such as Deltek + ComputerEase.

#2 TRACK COMMITTED COSTS DAILY

Costs already committed for subcontractors and materials should be tracked in real-time to maintain control over a job and keep it profitable. You will know, with certainty, the budget you have available for future expenses and/or additional costs. Some examples of committed costs include an open subcontractor agreement, purchase orders, time from the field, and expenses from the field.

#3 UNDERSTAND THE DIFFERENCE BETWEEN MARGIN AND MARKUP

Markup is the difference between the cost of materials or services and the price charged. Margin is the gross profit on a job and is a percentage of the sales price. Mistaking the two terms may cause you to set a price too high or too low, which can result in losing profits and potentially, business.

#4 DISTINGUISH BETWEEN PERCENTAGE SPENT AND PERCENTAGE OF COMPLETION

If you’ve spent half your budget that does not necessarily mean you have done half the work. You may have done only 40% of the work, or maybe 60% of the work. Understanding and tracking percentage spent and percentage of completion through your WIP reports allows you to come in under budget.

#5 RUN FREQUENT WORK IN PROGRESS (WIP) REPORTS

WIP reports are one of the most important reports for a contractor because they provide a detailed schedule on completed work and in-progress work for a certain period of time. With frequent WIP reports, you can manage work and profit proactively using actual job data as opposed to being reactive to problems that arise. This helps you stay ahead of the game and grow your bottom-line profits. The commonly used WIP methods include units complete, percent complete, and cost-to-finish. WIP reports also identify underbilling and overbilling amounts. The accounting staff must enter these amounts on the P&L Statement and Balance Sheet to get an accurate financial picture.

#6 IDENTIFY OVERBILLINGS VS PROFIT

Overbilling occurs when a contractor bills ahead of work completed. If managed properly, overbilling can positively affect cash flow. If unmanaged, it can be problematic because contractors will not have the available cash to fund the remaining work. For example, if you overbill by $10,000, that is not a cash profit that you can spend. That amount should be recognized as payment for work that has not yet been completed.

#7 MANAGE YOUR CHANGE ORDERS SUCCESSFULLY

Change orders are a product of changing the scope of the initial contract. To successfully manage your change orders, it is important to provide contracts that are detailed and easy-to-understand, introduce the change order process in the initial contract (and negotiate pricing and markups for change orders), and establish the structured process for change requests, both with the client and your internal team. Since change orders occur so often in the construction industry, creating change order templates for customers and exploring construction accounting software tools will save you time, rather than manually creating change orders at the time they are needed.

#8 MONITOR UNPOSTED PAYROLL

Standard accounting software lacks the ability to track unposted construction payroll. However, monitoring these costs in real-time with a project management software allows you to manage costs proactively by seeing the effect of employee hours on the budget without actually processing payroll.

#9 TRACK LABOR HOURS EACH DAY

You want workers to turn in their time at the end of each day, not the next day, not a week later. Tracking things as they happen with remote field-to-office tools, like the Deltek + ComputerEase mobile app, makes them more accurate and you don’t have to return to the office to do this.

#10 CHOOSE THE RIGHT CONSTRUCTION ACCOUNTANT

The unique accounting requirements a contractor is faced with almost always call for a CPA that specializes in construction. Choosing the right Certified Public Accountant (CPA) is a critical step to building out your trusted advisor team and can be a major contribution to business growth. Locate a CICPAC member firm near you." target="_blank">10 Key Construction Accounting Best Practices for Contractors

prevailing wage is typically based on the wages paid to workers on similar projects in the area. The act was intended to avoid situations where contractors would low-ball their proposed costs on a project at the expense of their workers’ wages. There are several states that have their own prevailing wage laws, known as “little Davis-Bacon” acts, for any state-funded construction projects and do, in some cases, extend to projects at the local and municipalities level as well.

So prevailing wage is basically a worker’s hourly wage?

Yes and no. Prevailing wage comprises two parts: The first is the basic hourly rate paid to each worker. The second is what is known as the “fringe benefits” amount. Fringe benefits include a separate per-hour dollar amount paid out as part of a worker’s wages or used to fund a “bona fide” benefits plan, such as a 401(k), life and health insurance, vacation, and holiday pay, or even apprenticeship training programs. Simply put, if a worker’s base pay on a project was $30 an hour and the fringe benefits amount was $10 an hour, the contractor can pay out the $10 in fringe benefits as wages, essentially increasing the worker’s hourly pay to $40, or they can elect to put that $10 into a benefits plan for their employee.

So, which is better — cash or a bona fide benefits plan?

Many contractors pay out the mandatory fringe benefit as wages because it’s the easiest way to comply with the law. While that may be true, it’s also much more costly to the contractor. And the reason is pretty simple: all wages paid to employees are subject to payroll taxes, such as social security taxes, federal and state unemployment taxes, workers’ compensation insurance, and general liability insurance. The rate varies, but it is estimated that the additional cost to the contractor for these payroll taxes is roughly 25 cents for every dollar paid in wages. On the other hand, if a contractor uses those fringe dollars to fund a “bona fide” benefits plan for their employees, that money would be exempt from all payroll taxes. Thus saving the contractor tens of thousands, maybe even hundreds of thousands, of dollars a year. Don’t believe me? Here’s an example: Let’s say Contractor A has 25 employees working on a prevailing wage job that will last six months. Each employee works approximately 500 hours during this time, and the fringe amount is roughly $10 an hour. 25 (employees) x 500 hours = 12,500 hours 12,500 (hours) x $10 fringe benefit dollars = $125,000 fringe benefit dollars If Contractor A decides to pay out that $125,000 fringe benefit as wages to their employees, they will be hit with a 25% payroll tax on every single one of those dollars. $125,000 x 25% in payroll taxes = $31,250 in additional payroll taxes If Contractor A elects to put those fringe benefit dollars into a “bona fide” benefits plan for her employees, such as a 401(k) retirement account, not a single dollar would be subject to payroll taxes. That means $31,250 in savings, which can be used later to make more competitive bids for future projects. Using these fringe dollars properly also allows a contractor to implement or improve their existing benefit programs in a few ways:

1. For those employers who offer a 401(k), paying the fringes as cash means funding the benefits in duplicity, as these payments are paid out of the operational account of the business. Using these fringe dollars to an employer and employee’s advantage can reduce that extra expense considerably.
2. In today’s tight labor market, employees look at total compensation packages, including benefits like a 401(k). These fringe dollars can assist companies with bolstering their current programs by offering better benefit coverages or adding additional benefit options for their employees.
3. Employers can improve their 401(k) plan by using fringe dollars to offset or meet matching requirements they may choose to include. This includes discretionary employer match, safe harbor, or profit-sharing contributions to the plan. Contractors often hesitate to include matching contributions to their retirement plan due to the costs. Utilizing the prevailing wage dollars to meet a portion of these contributions allows you to offer more retirement benefits to all your employees at a reduced cost to the company.

Required annual compliance testing for all 401(k) plans can be extremely complicated and are put into place to ensure that all participants benefit equally from the plan. When working with a plan administrator specializing in designing retirement plans for prevailing wage contractors, you can be confident that you are staying compliant and offering the best solution for all your employees and the company owners. In the end, when utilized correctly, prevailing wage — comprised of a per-hour cash wage and a per-hour benefits wage – is a significant benefit to both the laborers and contractors working on publicly-funded construction projects. Prevailing wage benefits isn’t easy business. For over 35 years, Beneco has focused exclusively on serving the unique needs of contractors through retirement plans, health care benefits, compliance services, and HR solutions and has a level of expertise in prevailing wage that few can offer.  " target="_blank">Maximize Prevailing Wage Dollars with an Employer Sponsored 401(k) Plan

KEY ASPECTS OF CONSTRUCTION ACCOUNTING THAT MAKE IT UNIQUE

1. Job Costing
2. Sales and Costs of Sales Categories (diret / indirect / committed)
3. Revenue Recognition (5 steps to recognize revenue, cash / accrual / percentage of completion method, ASC 606 standards)
4. Mobile Workforce
5. Payroll Requirements (prevailing wage, union and multi-level payroll)
6. Retainage

[/fusion_text][fusion_button link="https://www.deltek.com/en/construction-accounting" title="" target="_self" link_attributes="" alignment_medium="" alignment_small="" alignment="" modal="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" sticky_display="normal,sticky" class="" id="" color="default" button_gradient_top_color="" hue="" saturation="" lightness="" alpha="" button_gradient_bottom_color="" button_gradient_top_color_hover="" button_gradient_bottom_color_hover="" gradient_start_position="" gradient_end_position="" gradient_type="" radial_direction="" linear_angle="180" accent_color="" accent_hover_color="" type="" bevel_color="" bevel_color_hover="" border_top="" border_right="" border_bottom="" border_left="" border_radius_top_left="" border_radius_top_right="" border_radius_bottom_right="" border_radius_bottom_left="" border_color="" border_hover_color="" size="" padding_top="" padding_right="" padding_bottom="" padding_left="" fusion_font_family_button_font="" fusion_font_variant_button_font="" font_size="" line_height="" letter_spacing="" text_transform="" stretch="default" margin_top="" margin_right="" margin_bottom="" margin_left="" icon="" icon_position="left" icon_divider="no" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset=""]Dive into the 6 Key Aspects[/fusion_button][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]" target="_blank">The Complete Guide to Construction Accounting